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“Board Hands Over Power to City Councils: The Future of Tourist Apartments Hangs in the Balance!”

March 22, 2024
"Board Hands Over Power to City Councils: The Future of Tourist Apartments Hangs in the Balance!" - mini1 1707438930 - Local Events and Festivities -

Marbella Ranks Fourth in Spain for Tourist Apartments

Marbella is the fourth Spanish municipality in terms of tourist apartments. The Andalusian Government has approved a new regulation on tourist use housing, which allows municipalities to establish limitations on this type of accommodation, either from an urban planning perspective or through ordinances. However, it calls for “proportionality” and ensuring “free competition”.

Updated Legislation on Tourist Apartments

The regional government has updated the legislation on tourist apartments, bringing up to date the last regulation, which dated from 2016, from the socialist era. This is the first regulation of the PP, approved by the Government Council on January 29 and published in the Official Gazette of the Andalusian Government (BOJA) on February 2. It will come into effect on the 23rd of this month.

New Decree Grants Municipalities More Control

The decree includes new features, perhaps the most notable of which is that it grants municipalities the power to establish limitations or prohibitions, both in terms of urban planning and coexistence. According to the text, it will be “the municipalities that determine the specific territorial and urban compatibility requirements for the development of this activity, as the administration closest to reality”.

Limitations Must Respect Principles of Proportionality and Objectivity

The regulation makes it clear that the principles of “proportionality, objectivity, necessity and legal certainty” must be taken into account. It also warns that the limitations or prohibitions made by the municipalities must “be subjected to strict scrutiny from the perspective of guaranteeing the market and competition”.

Regulation Should Not Exclude European and National Legislation

The necessary municipal intervention cannot be directed at the exclusion of European and national legislation that guarantees free competition and the provision of economic activities, the regulation details. On the contrary, these possible restrictions should “enable the effective reconciliation of the lawful economic activity of short-term holiday rental with the internal organization of the city according to its particular circumstances”.

First Time Introduction of the Operator Company

The decree also establishes for the first time the figure of the operating company, which will serve to identify the service provider beyond who owns the apartment. In addition, it reflects a series of habitability conditions that these homes must present in order to guarantee quality standards for the tourist.

Regulation of User Rights

Another aspect that is regulated is that users will have the right to occupy the accommodation from 3 pm on the first day of the contracted period until 11 am on the day indicated as the departure date.

Tourist Apartments in Marbella

According to the latest data provided by the National Institute of Statistics (INE), Marbella is, with 6,540, the fourth municipality in Spain with the most tourist homes. It appears only behind Madrid (14,133), Barcelona (7,531) and Malaga (6,550). With this regulation, the door is opened to a possible ordinance in Marbella and also to urban regulation at a time when the new planning is being developed.

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